NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Crime

Rachel Smalley: No doubt Tostee was the perpetrator of Wright's fear

Newstalk ZB
20 Oct, 2016 07:55 PM3 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Source: Sky News. Gable Tostee is not guilty of the murder of Wellington woman Warriena Wright.
Rachel Smalley
Opinion by Rachel Smalley
Rachel Smalley is a radio host for Newstalk ZB. Listen to her between 5am and 6am every weekday morning.

The murder trial of Gable Tostee - the Australian man who's been found not guilty of murdering Warriena Wright, the New Zealander he met on tinder.

The challenges this case threw up for the jury was evidenced by the fact it deliberated for four days.

Was he guilty of murder or manslaughter, the jury was asked? No, the jury decided, he wasn't.

Wright fell 14 stories to her death, attempting to escape Tostee's apartment.

The fact he recorded everything - there was a 199 minute audio recording that included Wright pleading with him to let her leave his apartment. And it captured her fading scream as she fell the 14 floors to the ground.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

It included her saying "no" 33 times as he locked her outside on the balcony. It captured her throwing ornamental rocks at him, hitting him with something metallic. There were sounds of Wright choking - was Tostee strangling her, or was he attempting to defend himself? We will never know.

"Causation" was the central issue to this case.

What caused Wright's death? What led to her death?

What happened that prompted her to climb over a balcony to escape, believing she could reach the balcony on the 13th floor below? We will never know.

Wright, tragically, took those answers to her grave.

Discover more

World

Gable Tostee: What the jury didn't know

20 Oct 07:43 AM
New Zealand

Woman's 'intimidating' date with Tostee

20 Oct 04:50 PM
World

How social media posts almost derailed trial

20 Oct 07:40 PM
New Zealand|crime

Tostee: Full transcript of fateful date

20 Oct 11:18 PM

Clearly she was acting in fear and there can be no doubt that Tostee was the perpetrator of that fear. But the jury said that didn't make him a murderer, or guilty of manslaughter.

I would argue he's guilty of the reckless endangerment of life. And when he saw Wright climb over the balcony, the fact that he didn't intervene potentially means he failed to provide the necessaries of life too.

Advertisement
Advertise with NZME.

The law is different in Queensland.

If the jury believed he was guilty of committing grievous bodily harm, they could find him guilty of murder.

The law here differs. There needs to be intent to kill.

It has been an incredibly challenging case and there can be no winners.

Wright, unquestionably, was intimidated to such a degree that she tried to escape - and with fatal consequences.

Her family is left with so many questions, few answers, and no sense of justice. Their lives changed forever.

Advertisement
Advertise with NZME.

Tostee? He walks free.

The man who called himself a superhero on Facebook. He boasted of sleeping with hundreds of women, many who he'd met on Tinder. He documented the women he'd slept with, often rating them. In one post he said, "Banged two girls tonight, the first one was a 4 out of 10. Not worth mentioning".

At best, Tostee was a social misfit. But the more we understand about his personality, the more he seems to fit the bill of a classic narcissist. He couldn't sustain a relationship. He lacked empathy. His focus was chiefly on himself, and his needs.

And ultimately now a young woman is dead. What killed her? Fear. She was, I think, frightened to her death.

But sadly that is not a crime in the eyes of the law.

Save

    Share this article

Latest from Crime

New Zealand|crime

Ex-Outlaws leader bought guns for protection while on parole, sold meth to pay for them

18 Jun 06:00 AM
New Zealand|crime

Father, daughter steal $190k in ATM heist, $159k still missing

18 Jun 04:09 AM
New Zealand|crime

'I hate him': Partner of slain Tribesman lays blame for death at president's feet

18 Jun 03:00 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from Crime

Ex-Outlaws leader bought guns for protection while on parole, sold meth to pay for them

Ex-Outlaws leader bought guns for protection while on parole, sold meth to pay for them

18 Jun 06:00 AM

The convicted drug dealer was a friend of murdered Outlaws president Peter Lui.

Father, daughter steal $190k in ATM heist, $159k still missing

Father, daughter steal $190k in ATM heist, $159k still missing

18 Jun 04:09 AM
'I hate him': Partner of slain Tribesman lays blame for death at president's feet

'I hate him': Partner of slain Tribesman lays blame for death at president's feet

18 Jun 03:00 AM
Baby-killing Mobster loathed being called 'kid killer' in prison, so he murdered again

Baby-killing Mobster loathed being called 'kid killer' in prison, so he murdered again

18 Jun 12:40 AM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP